In the case of Mustek Ltd v Tsabadi NO & Others the Labour Court heard a case of dismissal based solely on polygraph test results.
If an employee is dismissed, after a disciplinary hearing was held, based on polygraph test results, the question arises whether such dismissal was fair.
Substantial fairness must prevail, meaning that all the facts / evidence of the case must be properly entertained (holistic view) by the presiding officer in a disciplinary hearing. A polygraph does not directly measure deception or lying. Instead it relies on the examiner drawing an inference from the physiological activity that it records.